HHS published a final substance-use treatment-record rule and a supplemental proposal on January 18, 2017. The final announced February 17 effectiveness. The companion sought further comments on lawful-holder and contractor disclosures for payment, health-care operations and related activities. Calling both documents a completed permission to share records would erase a material difference in status. [2017-00719][2017-00742]

The final's consent framework permits a general designation of recipients only in specified circumstances. The relevant designated participants must have a treating-provider relationship with the patient. Consent must explicitly describe the amount and kind of information disclosed, and the form must state the patient's understanding of the right to request a list of entities receiving information under the general designation. [2017-00719][2017-00742]

The final also addresses security beyond the consent form. Part 2 programs and other lawful holders of patient-identifying information must have formal security policies for paper and electronic records, including sanitization of associated media. The scope is those regulated programs and holders; this provision is not a declaration that every medical record everywhere falls under the same regime. [2017-00719][2017-00742]

The supplemental proposal addresses a different link: use and disclosure by contractors and related service providers after lawful receipt. Its contemplated permissions were constrained by consent and purpose, not automatic third-party access. Read together, the documents establish adopted safeguards and unfinished proposals within one agency process. They do not independently corroborate improvements in information exchange or establish that the announced implementation occurred unchanged. [2017-00719][2017-00742]

Source documents

  1. Confidentiality of Substance Use Disorder Patient Recordshttps://www.govinfo.gov/content/pkg/FR-2017-01-18/html/2017-00719.htm
  2. Confidentiality of Substance Use Disorder Patient Recordshttps://www.govinfo.gov/content/pkg/FR-2017-01-18/html/2017-00742.htm